BILL NUMBER: SB 355	CHAPTERED  10/10/99

	CHAPTER   659
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   JULY 15, 1999
	AMENDED IN ASSEMBLY   JUNE 23, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Hughes

                        FEBRUARY 10, 1999

   An act to amend Section 6240 of, and add Section 6250.5 to, the
Family Code, and to amend Sections 646.91, 12028.5, 13519, 13700, and
13710 of the Penal Code, relating to peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 355, Hughes.  Peace officers:  community colleges and school
districts.
   (1) Existing law defines or describes certain peace officers who
are authorized to respond to domestic violence calls or act in
domestic violence cases, as specified, or are deemed eligible for a
course or courses of instruction in the handling of domestic violence
complaints.
   This bill would include among these peace officers any member of a
California Community College police department and any person
employed as a member of a police department of a school district.
The bill also would require that these departments notify the sheriff
or police chief of the city in whose jurisdiction the departments
are located of any protection order served by the departments with
respect to domestic violence incidents.  Because this bill would
increase the duties performed by a local agency, it would impose a
state-mandated local program.
   (2) Existing law provides that a judicial officer may issue an ex
parte emergency protective order where a peace officer, as defined,
has reasonable grounds to believe that a person is in immediate and
present danger of stalking.
   This bill would expand these provisions to include community
college and school district police, as specified.  The bill also
would require any of these police who request this emergency
protective order to also notify the sheriff or police chief of the
city in whose jurisdiction the college or school district of the
police is located after issuance of the order.  Because this bill
would increase the duties performed by a local agency, it would
impose a state-mandated local program.
   (3) Existing law authorizes a court to issue emergency protective
orders in specified situations.
   This bill would permit a court to issue an emergency protective
order to community college and school district police if a specified
memorandum of understanding exists and the police officer asserts
that there is a demonstrated threat to campus safety.  Because the
bill would increase the duties performed by local officials, it would
impose a state-mandated local program.
   (4) Existing law provides circumstances under which, among others,
community college and school district peace officers may take
custody of a firearm or other deadly weapon.
   This bill would require any of these officers who takes custody of
a firearm or other deadly weapon under these circumstances to
deliver the firearm within 24 hours to the city police department or
county sheriff's office in the jurisdiction where the college or
school is located.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6240 of the Family Code is amended to read:
   6240.  As used in this part:
   (a) "Judicial officer" means a judge, commissioner, or referee
designated under Section 6241.
   (b) "Law enforcement officer" means one of the following officers
who requests or enforces an emergency protective order under this
part:
   (1) A police officer.
   (2) A sheriff's officer.
   (3) A peace officer of the Department of the California Highway
Patrol.
   (4) A peace officer of the University of California Police
Department.
   (5) A peace officer of the California State University and College
Police Departments.
   (6) A peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2 of the Penal Code.
   (7) A housing authority patrol officer, as defined in subdivision
(d) of Section 830.31 of the Penal Code.
   (8) A peace officer for a district attorney, as defined in Section
830.1 or 830.35 of the Penal Code.
   (9) A parole officer, probation officer, or deputy probation
officer, as defined in Section 830.5 of the Penal Code.
   (10) A peace officer of a California Community College police
department, as defined in subdivision (a) of Section 830.32.
   (11) A peace officer employed by a police department of a school
district, as defined in subdivision (b) of Section 830.32.
   (c) "Abduct" means take, entice away, keep, withhold, or conceal.

  SEC. 1.5.  Section 6250.5 is added to the Family Code, to read:
   6250.5.  A judicial officer may issue an ex parte emergency
protective order to a peace officer defined in subdivisions (a) and
(b) of Section 830.32 if the issuance of that order is consistent
with an existing memorandum of understanding between the college or
school police department where the peace officer is employed and the
sheriff or police chief of the city in whose jurisdiction the peace
officer's college or school is located and the peace officer asserts
reasonable grounds to believe that there is a demonstrated threat to
campus safety.
  SEC. 2.  Section 646.91 of the Penal Code is amended to read:
   646.91.  (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section 830.1, 830.2, or 830.32, asserts reasonable
grounds to believe that a person is in immediate and present danger
of stalking based upon the person's allegation that he or she has
been willfully, maliciously, and repeatedly followed or harassed by
another person who has made a credible threat with the intent of
placing the person who is the target of the threat in reasonable fear
for his or her safety, or the safety of his or her immediate family,
within the meaning of Section 646.9.
   (b) A peace officer who requests an emergency protective order
shall reduce the order to writing and sign it.
   (c) An emergency protective order shall include all of the
following:
   (1) A statement of the grounds asserted for the order.
   (2) The date and time the order expires.
   (3) The address of the superior court for the district or county
in which the protected party resides.
   (4) The following statements, which shall be printed in English
and Spanish:
   (A) "To the protected person:  This order will last until the date
and time noted above.  If you wish to seek continuing protection,
you will have to apply for an order from the court at the address
noted above.  You may seek the advice of an attorney as to any matter
connected with your application for any future court orders.  The
attorney should be consulted promptly so that the attorney may assist
you in making your application."
   (B) "To the restrained person:  This order will last until the
date and time noted above.  The protected party may, however, obtain
a more permanent restraining order from the court.  You may seek the
advice of an attorney as to any matter connected with the
application.  The attorney should be consulted promptly so that the
attorney may assist you in responding to the application."
   (d) An emergency protective order may be issued under this section
only if the judicial officer finds both of the following:
   (1) That reasonable grounds have been asserted to believe that an
immediate and present danger of stalking, as defined in Section
646.9, exists.
   (2) That an emergency protective order is necessary to prevent the
occurrence or reoccurrence of the stalking activity.
   (e) An emergency protective order may include either of the
following specific orders as appropriate:
   (1) A harassment protective order as described in Section 527.6 of
the Code of Civil Procedure.
   (2) A workplace violence protective order as described in Section
527.8 of the Code of Civil Procedure.
   (f) An emergency protective order shall be issued without
prejudice to any person.
   (g) An emergency protective order expires at the earlier of the
following times:
   (1) The close of judicial business on the fifth court day
following the day of its issuance.
   (2) The seventh calendar day following the day of its issuance.
   (h) A peace officer who requests an emergency protective order
shall do all of the following:
   (1) Serve the order on the restrained person, if the restrained
person can reasonably be located.
   (2) Give a copy of the order to the protected person, or, if the
protected person is a minor child, to a parent or guardian of the
protected child if the parent or guardian can reasonably be located,
or to a person having temporary custody of the child.
   (3) File a copy of the order with the court as soon as practicable
after issuance.
   (i) A peace officer shall use every reasonable means to enforce an
emergency protective order.
   (j) A peace officer who acts in good faith to enforce an emergency
protective order is not civilly or criminally liable.
   (k) A peace officer who requests an emergency protective order
under this section shall carry copies of the order while on duty.
   (l) A peace officer described in subdivision (a) or (b) of Section
830.32 who requests an emergency protective order pursuant to this
section shall also notify the sheriff or police chief of the city in
whose jurisdiction the peace officer's college or school is located
after issuance of the order.
   (m) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
   (n) Nothing in this section shall be construed to permit a court
to issue an emergency protective order prohibiting speech or other
activities that are constitutionally protected or protected by the
laws of this state or by the United States or activities occurring
during a labor dispute, as defined by Section 527.3 of the Code of
Civil Procedure, including but not limited to, picketing and hand
billing.
   (o) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
   (p) Any intentional disobedience of any emergency protective order
granted under this section is punishable pursuant to Section 166.
Nothing in this subdivision shall be construed to prevent punishment
under Section 646.9, in lieu of punishment under this section, if a
violation of Section 646.9 is also pled and proven.
  SEC. 3.  Section 12028.5 of the Penal Code is amended to read:
   12028.5.  (a) As used in this section, the following definitions
shall apply:
   (1) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself,
herself, or another.
   (2) "Family violence" has the same meaning as domestic violence as
defined in subdivision (b) of Section 13700, and also includes any
abuse perpetrated against a family or household member.
   (3) "Family or household member" means a spouse, former spouse,
parent, child, any person related by consanguinity or affinity within
the second degree, or any person who regularly resides or who
regularly resided in the household.
   The presumption applies that the male parent is the father of any
child of the female pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
   (4) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
   (b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (b) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, a peace officer as defined in
subdivisions (a) and (b) of Section 830.32, and a peace officer, as
defined in Section 830.5, who is at the scene of a family violence
incident involving a threat to human life or a physical assault, may
take temporary custody of any firearm or other deadly weapon in plain
sight or discovered pursuant to a consensual search as necessary for
the protection of the peace officer or other persons present.  Upon
taking custody of a firearm or other deadly weapon, the officer shall
give the owner or person who possessed the firearm a receipt.  The
receipt shall describe the firearm or other deadly weapon and list
any identification or serial number on the firearm.  The receipt
shall indicate where the firearm or other deadly weapon can be
recovered and the date after which the owner or possessor can recover
the firearm or other deadly weapon.  No firearm or other deadly
weapon shall be held less than 48 hours.  Except as provided in
subdivision (e), if a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result
of the family violence incident or is not retained because it was
illegally possessed, the firearm or other deadly weapon shall be made
available to the owner or person who was in lawful possession 48
hours after the seizure or as soon thereafter as possible, but no
later than 72 hours after the seizure.  In any civil action or
proceeding for the return of firearms or ammunition or other deadly
weapon seized by any state or local law enforcement agency and not
returned within 72 hours following the initial seizure, except as
provided in subdivision (c), the court shall allow reasonable
attorney's fees to the prevailing party.
   (c) Any peace officer, as defined in subdivisions (a) and (b) of
Section  830.32, who takes custody of a firearm or deadly weapon
pursuant to this section shall deliver the firearm within 24 hours to
the city police department or county sheriff's office in the
jurisdiction where the college or school is located.
   (d) Any firearm or other deadly weapon which has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership.
   (e) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (i), are
not subject to destruction until the court issues a decision, and
then only if the court does not order the return of the firearm or
other deadly weapon to the owner.
   (f) In those cases where a law enforcement agency has reasonable
cause to believe that the return of a firearm or other deadly weapon
would be likely to result in endangering the victim or the person
reporting the assault or threat, the agency shall advise the owner of
the firearm or other deadly weapon, and within 10 days of the
seizure, initiate a petition in superior court to determine if the
firearm or other deadly weapon should be returned.
   (g) The law enforcement agency shall inform the owner or person
who had lawful possession of the firearm or other deadly weapon, at
that person's last known address by registered mail, return receipt
requested, that he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon.  For the purposes of this subdivision, the person's last
known address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the family
violence incident.  In the event the person whose firearm or other
deadly weapon was seized does not reside at the last address provided
to the agency, the agency shall make a diligent, good faith effort
to learn the whereabouts of the person and to comply with these
notification requirements.
   (h) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request.  The
court clerk shall notify the person, the law enforcement agency
involved, and the district attorney of the date, time, and place of
the hearing.  Unless it is shown by clear and convincing evidence
that the return of the firearm or other deadly weapon would result in
endangering the victim or the person reporting the assault or
threat, the court shall order the return of the firearm or other
deadly weapon and shall award reasonable attorney's fees to the
prevailing party.
   (i) If the person does not request a hearing or does not otherwise
respond within 30 days of the receipt of the notice, the law
enforcement agency may file a petition for an order of default and
may dispose of the firearm or other deadly weapon as provided in
Section 12028.
   (j) If, at the hearing, the court does not order the return of the
firearm or other deadly weapon to the owner or person who had lawful
possession, that person may petition the court for a second hearing
within 12 months from the date of the initial hearing.  If the owner
or person who had lawful possession does not petition the court
within this 12-month period for a second hearing or is unsuccessful
at the second hearing in gaining return of the firearm or other
deadly weapon, the firearm or other deadly weapon may be disposed of
as provided in Section 12028.
   (k) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.
  SEC. 4.  Section 13519 of the Penal Code is amended to read:
   13519.  (a) The commission shall implement by January 1, 1986, a
course or courses of instruction for the training of law enforcement
officers in California in the handling of domestic violence
complaints and also shall develop guidelines for law enforcement
response to domestic violence.  The course or courses of instruction
and the guidelines shall stress enforcement of criminal laws in
domestic violence situations, availability of civil remedies and
community resources, and protection of the victim.  Where
appropriate, the training presenters shall include domestic violence
experts with expertise in the delivery of direct services to victims
of domestic violence, including utilizing the staff of shelters for
battered women in the presentation of training.
   (b) As used in this section, "law enforcement officer" means any
officer or employee of a local police department or sheriff's office,
any peace officer of the Department of Parks and Recreation, as
defined in subdivision (f) of Section 830.2, any peace officer of the
University of California Police Department, as defined in
subdivision (b) of Section 830.2, any peace officer of the California
State University Police Departments, as defined in subdivision (c)
of Section 830.2, a peace officer, as defined in subdivision (d) of
Section 830.31, or a peace officer as defined in subdivisions (a) and
(b) of Section 830.32.
   (c) The course of basic training for law enforcement officers
shall, no later than January 1, 1986, include adequate instruction in
the procedures and techniques described below:
   (1) The provisions set forth in Title 5 (commencing with Section
13700) relating to response, enforcement of court orders, and data
collection.
   (2) The legal duties imposed on police officers to make arrests
and offer protection and assistance including guidelines for making
felony and misdemeanor arrests.
   (3) Techniques for handling incidents of domestic violence that
minimize the likelihood of injury to the officer and that promote the
safety of the victim.
   (4) The nature and extent of domestic violence.
   (5) The signs of domestic violence.
   (6) The legal rights of, and remedies available to, victims of
domestic violence.
   (7) The use of an arrest by a private person in a domestic
violence situation.
   (8) Documentation, report writing, and evidence collection.
   (9) Domestic violence diversion as provided in Chapter 2.6
(commencing with Section 1000.6) of Title 6 of Part 2.
   (10) Tenancy issues and domestic violence.
   (11) The impact on children of law enforcement intervention in
domestic violence.
   (12) The services and facilities available to victims and
batterers.
   (13) The use and applications of this code in domestic violence
situations.
   (14) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.
   (15) Verification and enforcement of stay-away orders.
   (16) Cite and release policies.
   (17) Emergency assistance to victims and how to assist victims in
pursuing criminal justice options.
   (d) The guidelines developed by the commission shall also
incorporate the foregoing factors.
   (e) (1) All law enforcement officers who have received their basic
training before January 1, 1986, shall participate in supplementary
training on domestic violence subjects, as prescribed and certified
by the commission.
   (2) Except as provided in paragraph (3), the training specified in
paragraph (1) shall be completed no later than January 1, 1989.
   (3) (A) The training for peace officers of the Department of Parks
and Recreation, as defined in subdivision (g) of Section 830.2,
shall be completed no later than January 1, 1992.
   (B) The training for peace officers of the University of
California Police Department and the California State University
Police Departments, as defined in Section 830.2, shall be completed
no later than January 1, 1993.
   (C) The training for peace officers employed by a housing
authority, as defined in subdivision (d) of Section 830.31, shall be
completed no later than January 1, 1995.
   (4) Local law enforcement agencies are encouraged to include, as a
part of their advanced officer training program, periodic updates
and training on domestic violence.  The commission shall assist where
possible.
   (f) (1) The course of instruction, the learning and performance
objectives, the standards for the training, and the guidelines shall
be developed by the commission in consultation with appropriate
groups and individuals having an interest and expertise in the field
of domestic violence.  The groups and individuals shall include, but
shall not be limited to, the following:  one representative each from
the California Peace Officers' Association, the Peace Officers'
Research Association of California, the State Bar of California, the
California Women Lawyers' Association, and the State Commission on
the Status of Women; two representatives from the commission; two
representatives from the California Alliance Against Domestic
Violence; two peace officers, recommended by the commission, who are
experienced in the provision of domestic violence training; and two
domestic violence experts, recommended by the California Alliance
Against Domestic Violence, who are experienced in the provision of
direct services to victims of domestic violence.  At least one of the
persons selected shall be a former victim of domestic violence.
   (2) The commission, in consultation with these groups and
individuals, shall review existing training programs to determine in
what ways domestic violence training might be included as a part of
ongoing programs.
   (g) Each law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to domestic
violence calls or incidents of domestic violence shall complete,
every two years, an updated course of instruction on domestic
violence that is developed according to the standards and guidelines
developed pursuant to subdivision (d).  The instruction required
pursuant to this subdivision shall be funded from existing resources
available for the training required pursuant to this section.  It is
the intent of the Legislature not to increase the annual training
costs of local government entities.
  SEC. 5.  Section 13700 of the Penal Code is amended to read:
   13700.  As used in this title:
   (a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or placing another person in
reasonable apprehension of imminent serious bodily injury to himself
or herself, or another.
   (b) "Domestic violence" means abuse committed against an adult or
a fully emancipated minor who is a spouse, former spouse, cohabitant,
former cohabitant, or person with whom the suspect has had a child
or is having or has had a dating or engagement relationship.  For
purposes of this subdivision, "cohabitant" means two unrelated adult
persons living together for a substantial period of time, resulting
in some permanency of relationship.  Factors that may determine
whether persons are cohabiting include, but are not limited to, (1)
sexual relations between the parties while sharing the same living
quarters, (2) sharing of income or expenses, (3) joint use or
ownership of property, (4) whether the parties hold themselves out as
husband and wife, (5) the continuity of the relationship, and (6)
the length of the relationship.
   (c) "Officer" means any officer or employee of a local police
department or sheriff's office, and any peace officer of the
Department of the California Highway Patrol, the Department of Parks
and Recreation, the University of California Police Department, or
the California State University and College Police Departments, as
defined in Section 830.2, a housing authority patrol officer, as
defined in subdivision (d) of Section 830.31, or a peace officer as
defined in subdivisions (a) and (b) of Section 830.32.
   (d) "Victim" means a person who is a victim of domestic violence.

  SEC. 6.  Section 13710 of the Penal Code is amended to read:
   13710.  (a) (1) Law enforcement agencies shall maintain a complete
and systematic record of all protection orders with respect to
domestic violence incidents, including orders which have not yet been
served, issued pursuant to Section 136.2, restraining orders, and
proofs of service in effect.  This shall be used to inform law
enforcement officers responding to domestic violence calls of the
existence, terms, and effective dates of protection orders in effect.

   (2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.
   (b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.
   (c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
